Oller v. State

HOFFMAN, Judge.

Appellant was found guilty by a jury of operating a vehicle while intoxicated on October 28, 19838, and at the second stage of the bifurcated hearing, the jury found appellant to have had a similar conviction within the previous five years. Appellant was subsequently sentenced to two years imprisonment. Appellant raises the following five issues on appeal:(1) whether the trial court erred when it failed to grant appellant's motion for mistrial after the State made certain remarks to the jury in its opening statement;(2) the - admissibility - of breathalizer test results;…